Case law
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Division and case type: Constitutional and Human RightsPetition
…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…
…Accordingly I agree with the petitioner that since the alleged dispute is not based on any substantial ground and it is not bona fide, I decline to strike out the petition and the company’s application for that purpose is…
Division and case type: Constitutional and Human RightsPetition
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: Constitutional and Human RightsElection Petition
…In this motion the court is asked to strike off the petition for alleged failure of personal service.…
…I find no prejudice is suffered by him to enable the Court to strike off the petition.…
Division and case type: Constitutional and Human RightsElection Petition
…On 15.6.1998 the 2nd Applicant filed this application by way of a Notice of Motion to strike out and dismiss the notice of presentation of the petition and the petition itself upon the following grounds:- (a) The petition…
…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…
Division and case type: Constitutional and Human RightsPetition
…In view of the above, I find that this petition is a misuse of this courts process and hereby strike it out with costs. Orders accordingly. July 20, 1992 Mbito, J…
Division and case type: Constitutional and Human RightsElection Petition
…This court was not asked to say something about personal service as the basis to strike out the petition but Mr Kilonzo did comment on this in a serious way.…
…They supported the 1st respondent in it, yes, but since they did not file their own application to strike out the petition for non-service it is assumed that they were duly served. Orders accordingly.…
Division and case type: Constitutional and Human RightsElection Petition
…A notice of motion by the 2nd respondent was brought to strike out the petition or have it summarily rejected in that there had been no valid service on him as required by rule 15 of the Election Petition Rules.…
…So it may be noted that much caution is called for when a motion to strike out a petition is filed. A facility for striking out a petition needs be most sparingly used and in the most clear and proper cases.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Objection raised by the Respondents which I uphold with costs to the 3rd and 4th Respondents only. (13) However, since the Petition was filed before the Environment and Land Court was operationalized, I do not propose to strike…
Division and case type: Environment and LandCivil Suit
…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…
…It has to be struck out, the court accordingly strikes out the same. vi.…
Division and case type: Constitutional and Human RightsPetition
…It also complained that the petitioner had gone on hunger strike and created disturbance and discomfort of fellow residents at the centre and refused to co-operate with administration.…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…